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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 16, 2015, the Defendant established a collateral security right at the public service center of the Daejeon District public prosecutor’s office located in the area of the Daejeon District public prosecutor’s office located in 99, Seosan-si, Seosan-si, Daejeon District, for the purpose of having C obtain criminal punishment. C set up a collateral security right at KRW F, 150,000,000, for the purpose of having C obtain criminal punishment.
After forging the letter of delegation in the name of D representative director G and one copy of a mortgage creation contract, the Daejeon District Court rendered on March 7, 2012, that each of the above real estate owned by D Co., Ltd. was registered for the creation of a false collateral security with the maximum amount of KRW 150,000,000 on each of the above real estate owned by D Co., Ltd., for which the registration of establishment of a false collateral security was made.
The Defendant submitted a written complaint stating “,” and on February 8, 2015, at the Seosan Police Station located in the Namnam-gu, Seosan-gu, Seosan-si, Seosan-gu, Seosan-si, the same purport of the complaint, thereby forging documents without the Defendant’s permission, which is a real operator of D Co., Ltd., and filing a complaint as if the registration of establishment of the right to collateral security was completed.
However, since C created the right to collateral security with the Defendant’s permission, the Defendant filed a false complaint even though there was no false registration of collateral security by forging documents.
Accordingly, the Defendant filed a false complaint and brought a false complaint to C without delay.
Summary of Evidence
1. A witness F and C’s legal statement;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against the defendant;
1. Statement made to H and G by the police;
1. A complaint and certified copy of the registry of a corporation attached thereto, a certified copy of the registry of real estate, an application for establishment of collateral security,
1. Application of written information, a notice of completion of registration, a certificate of transfer of a right to collateral security, a contract for creation of a right to collateral security, confirmation document, a copy of passbook, details of account transactions, a certified copy of real estate registry, or a certificate
1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment;